2019-156-Ordinance No. 2019-010 Recorded 5/14/2019Recorded in Deschutes County CJ2019-156
Nancy Blankenship, County Clerk 05/14/2019 8:25:39 AM
Commissioners' Journal
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing Deschutes County
Ordinance No. 2018-005 and Declaring an
Emergency.
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ORDINANCE NO. 2019-010
WHEREAS, on September 19, 2018, the Board of County Commissioners enacted Ordinance No. 2018-
005 amending both the Deschutes County Code ("DCC") and Deschutes County Comprehensive Plan to change
the Flood Plain Zone from a primary zone to a combining zone; and
WHEREAS, two petitioners appealed Ordinance No. 2018-005 to the Land Use Board of Appeals
("LUBA"), and LUBA consolidated the two cases into one matter (LUBA Nos. 2018-123/124); and
WHEREAS, after reviewing the Petitions for Review filed with LUBA and the new arguments and
evidence contained therein, the County Commissioners directed staff to withdraw for reconsideration Ordinance
No. 2018-005 pursuant to ORS 197.830(13)(b); and
WHEREAS, based on the County Commissioners' direction, staff filed a Notice of Withdrawal with
LUBA on February 21, 2019, and LUBA subsequently issued an order acknowledging the withdrawal on
February 26, 2019; and
WHEREAS, OAR 661-010-0021(1) provides the County only 90 days to reconsider a withdrawn
decision; and
WHEREAS, following a noticed public hearing on May 8, 2019, and in order to provide more time for a
robust public process, the County Commissioners preferred alternative is to repeal Ordinance No. 2018-005 in
its entirety and to start the amendment process anew, now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAIN as
follows:
Section 1. Deschutes County Ordinance No. 2018-005 is repealed in its entirety.
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PAGE 1 OF 2 - ORDINANCE NO. 2019-010
Section 2. EMERGENCY. This Ordinance, in support of restarting the legislative process locally, and
being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared
to exist and this Ordinance becomes effective upon adoption.
Dated this , 2019
Recording Secretary
Date of 1st Reading:
Date of 2nd Reading:
Commissioner
Philip G. Henderson
Patti Adair
Anthony DeBone
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHILIP G. H ERSON, Chair
PATTI ADAIR, Vice Chair
A THO DeBONE, Commissioner
, 2019.
019.
Record of Adoption Vote
Yes No Abstained Excused
x
Effective date: day of
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2019.